Patent Basics – The Official Portal of Intellectual Property Corporation of Malaysia

SAMPLE OF PATENT SPECIFICATION

The sample format of a patent specification

Patent Specification – Description
The invention/innovation should be clearly and completely described sufficient to enable a person having ordinary skill in the art to carry out the invention. The description should preferably be described using the following sequence of headings:

“Title” The title must clearly and concisely indicate the subject matter to which the invention/innovation relates and must be the same as the title on the Request Form and Abstract.
“Technical Field” This is a general broad statement describing the art or technology to which the invention/innovation relates.
“Background Art” This should include a summary of any background art known to the applicant which may be useful for understanding the invention/innovations.
“Disclosure of Invention” This normally includes a statement of the essential and optional features of the invention and any advantages of the invention or innovation over the known art.
“Specification Example” “Specific Example{s)” including a “Description of ‘the Drawings” (if any) This should include a description of the best mode contemplated by the applicant for carrying out the invention/innovation, using examples where appropriate and referring to the drawings, if any.
“Industrial Applicability” This should indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which an invention is industrially applicable. In most cases industrial applicability will be obvious from the disclosure of the invention and the specific examples. However, in some cases, e.g. where the invention is a new chemical compound, its industrial application may not be obvious.

Patent Specification – The Claims
(Regulation 13, Regulation 14 in Patent Act) The major function of the claim or claims is to clearly define the scope of protection granted. The claims must be clear and concise and must be supported by and agree with the invention/innovation disclosed in the descriptive part of the patent specification.

The claims are probably the most important part of the patent specification and, because of their legalistic nature, are probably the most difficult to prepare. For example, it is possible for the patent specification to describe a commercially successful invention but, because of poor or incorrect drafting, the claim (s) may be invalidated because they are drafted too broadly resulting in a lack of newness or inventive step or, conversely, the claims may be drafted too narrowly thus making it easy for competitors to benefit from the invention without infringing the claims.

The claims should commence on a new page and each claim should be written as a single sentence. Whenever appropriate the claim should define the invention/innovation first by indicating the background prior art, followed by a “characterising” portion which defines the features of the invention/innovation which, in combination with the prior art features it is desired to protect. Each technical feature mentioned in the claim (s) and illustrated in the drawings should, wherever possible, be followed by its reference numeral i parenthesis. Only one claim is allowed in a utility innovation specification whereas a plurality of claims are allowed in a patent specification. However, the claims of a patent specification must relate to the same invention. An example of a set of patent claims can be found at Sample of Patent Specification.

Patent Specification – Abstract

(Regulation 16 in Patent Act) The abstract is a summary of the disclosure contained in the description and claims and should be so drafted that it constitutes an efficient instrument for the purposes of searching in a particular technical field. It should not contain statements on the alleged merits or value of the invention/innovation. An example of an abstract can be found at Sample of Patent Specification.

The abstract should commence on a new page with the title of the invention and should be as concise as the disclosure permits (preferably not more than 150 words). The applicant should indicate which figure of the drawings (if any) should accompany the abstract, prefelubly ill brackets at the end of the abstract. Each main technical feature mentioned in the abstract and illustrated in the drawing should be allowed by its reference numeral between parenthesis.

NOTE: Before preparing the description, claims and drawings of an application, potential applicant would be well advised to conduct a search through previously published patent specifications and technical literature in the appropriate area of technology for the purpose of obtaining an indication of the newness of the alleged invention or innovation.

Samples of Patent Specification In The Field Of